Ex parte La Farge

New York Supreme Court

Ex parte La Farge

6 Cow. 61

CourtNew York Supreme Court

DecidedAugust 15, 1826

StatusPublished

Cited by2 cases

This text of 6 Cow. 61 (Ex parte La Farge) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex parte La Farge, 6 Cow. 61 (N.Y. Super. Ct. 1826).

Pincite

Opinion

Curia.

This is not such an entitling of the affidavit, as comes within the rule relied on, that an affidavit entitled cannot be read. It is not entitled in any cause as pending in this court.

As to the merits of the motion, however, clearly there was no payment. The writing was a mere acknowledgment that La Farge owed the costs ; and a request that they should be charged to him. To entitle him to an appeal, the party must comply strictly with the terms of the statute. The money must be actually paid.

Motion denied.

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Curia.

This is not such an entitling of the affidavit, as comes within the rule relied on, that an affidavit entitled cannot be read. It is not entitled in any cause as pending in this court.

As to the merits of the motion, however, clearly there was no payment. The writing was a mere acknowledgment that La Farge owed the costs ; and a request that they should be charged to him. To entitle him to an appeal, the party must comply strictly with the terms of the statute. The money must be actually paid.

Motion denied.

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Bluebook (online)

6 Cow. 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-la-farge-nysupct-1826.

Opinion

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